Griswold against Stewart and others.
Where there are several U-joined at dlfferent times, cause,its order dar^is determined hy the f|rst issue.
The defendant pleaded four pleas, and in October, 1821, there was a demurrer to the. first, and joinder, and issue on the others. Afterwards the defendants amended the first p]ea but the plaintiff again demurred, and there was a joinder in demurrer on the 5th February, 1822. Afterwards a further plea was interposed, by leave of the Court, on special application, to which the plaintiff demurred, and there was a joinder in demurrer thereon in May last; and the plaintiff’s attorney had noticed the cause for argument at this term, and placed it on the calendar according to the date of "the first issue in lawand on the first day of this term;
D. Kellogg, for the defendants,
moved to correct the calendar by placing it according to the date of the last issue.
J. Lynch, contra.
[MAJORITY — Curia.]
Curia.
The cause is correctly placed at the date of the
first issue.
Motion denied.